RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 June 2007
	DOCKET NUMBER:  AR20070005895 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. William F. Crain

Member

Mr. Dean A. Camarella

Member

	The Board considered the following evidence: 

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his constructive service credit be reevaluated and that his date of rank (DOR) be adjusted from 22 February 2006 to 21 November 2003, based on his AMEDD (Army Medical Department) military and civilian education experience.  

2.  The applicant states, in effect, that his Federal Recognition Special Orders Number 51 AR, dated 22 February 2006, with a DOR of 21 February 2006 should be corrected to show a DOR of 21 November 2003, based on constructive service credit by the AMEDD TSG (The Surgeon General).  He also states that according to Army Regulation 135-101, page 19, Table 3-1, Item 6, that additional credit would be awarded in unusual circumstances based on education or professional experience and that case determination would be made by the TSG or designee.  

3.  The applicant provides a copy of his resume, a copy of his academic transcript, a copy of his Federal recognition orders, and copies of several letters of chain of command support, in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he was appointed in the Michigan Army National Guard (MIARNG), as a second lieutenant (2LT/O-1), effective 29 June 1999, in the Chemical Corps, with prior enlisted service.  He was promoted to first lieutenant (1LT/O-2), in the Chemical Corps. 

2.  The applicant was awarded a Bachelor of Applied Science degree in Health Care Management, in June 2002, from Davenport University and is currently enrolled in the Master of Health Care Management Program at Davenport University with an estimated graduation date of August 2007.

3.  On 13 June 2003, the applicant completed the Quartermaster Officer Advanced Course. 

4.  On 28 July 2003, the Proceedings of a Federal Recognition Examining Board was approved to transfer the applicant from the Chemical Corps to the Quartermaster Corps Branch.  

5.  The National Guard Bureau (NGB) issued Special Orders Number 219 AR, dated 28 July 2003, transferring the applicant to the Quartermaster Corps Branch effective 28 July 2003, in the rank of 1LT.
6.  On 22 October 2003, the Proceedings of a Federal Recognition Examining Board were approved for the applicant's promotion to captain (CPT/O-3), as a Quartermaster Corps officer, based on a vacancy position promotion. 

7.  The NGB issued Special Orders Number 292 AR, dated 21 November 2003, promoting the applicant to captain.   

8.  On 24 March 2004, the Proceedings of a Federal Recognition Examining Board were approved to transfer the applicant from the Quartermaster Corps Branch to the Medical Service Corps (MSC), in the rank of 1LT.  

9.  On 1 April 2004, the applicant signed an Oath of Office. 

10.  The applicant's DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 14 May 2004, shows the applicant was credited with 2 years, 4 months, and 12 days adjusted total entry grade credit for appointment. 

11.  The NGB issued Special Orders Number 124 AR, dated 18 May 2004, reappointing the applicant in the rank of 1LT/O-2 with an effective date of 1 April 2004 and DOR as 19 November 2003, in the MSC, in the area of concentration (AOC), 70B, Health Services Administration.  

12.  The applicant was ordered to active duty on 1 April 2004, in the MSC, in support of Operation Iraqi Freedom (OIF).

13.  The applicant completed:  the Medical Evacuation Doctrine Course on 24 May 2004; the AMEDD Officer Advanced Course on 4 October 2004; and the Health Services Resources Manager Course on 8 April 2005.

14.  On 22 November 2005, the Proceedings of a Federal Recognition Examining Board were approved for a position vacancy appointment to captain.  State Orders Number 327-026 were published for the applicant's promotion to captain, effective 22 November 2005.  These orders show the date, "22 November 2005" crossed out and the date 21 February 2006 stamped adjacent to this date.

15.  On 27 January 2006, the Battalion Commander, 146th Multi-Functional Medical Battalion, wrote a memorandum in support of the applicant’s request, recommending that his DOR be adjusted based on constructive credit.  The commander indicated that the applicant had lost 27 months time in grade (TIG) and that his constructive service credit was erroneously prepared at the Recruiting Command. 
16.  The NGB issued Special Orders Number 51 AR, dated 22 February 2006, promoting the applicant to captain effective 21 February 2006.   

17.  The applicant was released from active duty on 29 June 2006.  Orders were republished ordering him to active duty the next day, 30 June 2006, for a period of 545 days in support of OIF.

18.  On 28 December 2006, the applicant requested a constructive credit re-evaluation for his DOR adjustment through his chain of command.

19.  On 19 January 2007, the Company Commander, 1171st Area Support Medical Company, recommended that the applicant's DOR be adjusted based on constructive credit.  The commander indicated that he believed USAREC did not consider the applicant's military and civilian education as well as his experience when the constructive credit was awarded.

20.  On 14 February 2007, the Commander, Headquarters, 3rd Medical Command, prepared a memorandum requesting that the applicant's DOR be reviewed to ensure he was awarded proper constructive credit upon his appointment into the MSC.  

21.  On 22 February 2007, the Acting Deputy Chief of Staff for Personnel, submitted a memorandum to the Army Board for Correction of Military Records (ABCMR), requesting that the Board approve the applicant's DOR adjustment.

22.  In the processing of this case, an advisory opinion was requested of the Chief, Personnel Division, Department of the Army and Air Force, National Guard Bureau (NGB). 

23.  In an advisory opinion, rendered on 26 April 2007, the Chief, Personnel Division, Departments of the Army and the Air Force, NGB, reiterated the applicant's request and statements.  This official stated that, on 1 March 2004, the applicant applied for an Active Guard Reserve (AGR) position as the Battalion S-1 Officer with a medical battalion and was selected for the position.  The NGB official elaborated on the sequence of events previously discussed.  The NGB official also stated that the applicant was boarded by USAREC (United States Army Recruiting Command) as a 70B, Health Services Administration, in accordance with Army Regulation 135-155 and DODI 6000.13. He received the appropriate constructive credit for his prior commission service time at the rate of 1/2 credits for each day served.  


24.  The NGB, Chief Surgeon's Division, contributed to the advisory opinion and stated the DA Form 5074-1-R which had been approved on 12 May 2004 had awarded the applicant the correct constructive credit of 2 years, 4 months, and 12 days, making his DOR as a 1LT 19 November 2003.  There was no regulatory or policy guidance that would allow the applicant to have received credit for his Master in Health Care Management or his professional experience.  The NGB recommended disapproval for the award of additional constructive service credit and adjustment of his DOR from 22 February 2006 to 21 November 2003.

25.  Army Regulation 135-101, prescribes the policies, procedures, and eligibility criteria for appointment of commissioned officers in the Reserve, in the six branches of the Army Medical Department.  It states that an officer shall be awarded one half-day of constructive service credit for each day served in the case of the individual seeking an original appointment as a health professions officer.  When the authorized credit is under the minimum required for appointment in the appropriate grade, the constructive service credit will be used to adjust the date of rank with the appointed grade. 

26.  Table 3-1, of Army Regulation 135-101, item 6, states that additional credit would be awarded in unusual cases based on special education or professional experience in the specialty in which assigned when experience is accrued after qualifying degree and licensure, if applicable .  Unusual case determination will be made by TSG or designee.  Experience of 1/2 year or less earns no credit.

27.  DOD Directive 6000.13, in pertinent part, prescribes the policies and procedures for the award of constructive service credit for prior commissioned service.  Paragraph 6.1.1.2 states that service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which being appointed, shall be awarded one-half day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to award of additional constructive service credit and an adjustment of his DOR for captain from 22 February 2006 to 21 November 2003.  He has not shown error, injustice, or inequity for the relief he now requests.



2.  The applicant requested a branch transfer from the Chemical Corps to Quartermaster Corps Branch on 28 July 2003 and was promoted to captain on 21 November 2003.  He later requested transfer from the Quartermaster Corps Branch to Medical Service Corps.  To facilitate his transfer to the Medical Service Corps, he was reappointed in the rank of first lieutenant.

3.  At the time of his appointment in the MSC, with prior commissioned service, he was properly credited on 14 May 2004 with 2 years, 4 months, and 12 days of entry grade constructive credit in the rank of first lieutenant.  The DA Form    5074-1-R completed on 14 May 2004 was correctly calculated to show his total entry grade credit of 2 years, 4 months, and 12 days.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____J___  ___DAC__  ___WFC   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




_____John T. Meixell_____
          CHAIRPERSON




INDEX

CASE ID
AR20070005895
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070628
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . .NG ACTIVE DUTY . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
125
2.

3.

4.

5.

6.